The man is employed as the principal owner of a highly renowned tech services company in the area. He is said to have fallen behind in his child support payments by about $35,000 in 2007. The problem intensified as he accumulated about $7,000 during each subsequent year according to the Department of Taxation and Finance.
]]> The 44-year-old professional divorced his wife in 1998 after they had a son, who is now 17 years old. Both members of the couple have remarried, and they had previously agreed that they would pay for the boy's college education. The man admitted that he thought that arrangement had changed.The man agreed to catch up with his overdue support, and he says that he plans to make good on all of the payments. The woman, however, was irate that the school board had failed to adequately vet its candidates, saying that the child support issue should have been uncovered during his campaign. She had recently discovered that the man had been elected after she performed an Internet search on his name.
School board representatives denied commenting on the situation, saying that they only issue remarks about the board's official business, not the private lives of its members. The man has been elected to the governing body until the end of June 2013. He says that the pending support payments will not affect his status on the board. He believes he is still doing a good job for the local children, he says, and he intends to continue to serve them through his input.
In New York, nearly 200,000 people are delinquent in their child support payments, according to state agencies. The average case owes a whopping $24,000, say department spokespeople.
Source: Times Union, "Shen board member owes child support," Dennis Yusko, May 1, 2012
]]>A bizarre and tragic child custody case in Suffolk County has pitted two sets of grandparents against each other after an infant's parents were both killed.
]]> The 14-month-old baby's mother, age 23, was stabbed to death by his 31-year-old father, who then took the boy to his parent's home in East Northport and killed himself. The incident occurred on March 12 of this year, and the emotional wounds from the deaths are still fresh in the minds of both families.Since the murder, the boy has been staying with his mother's parents, but a court battle threatens to send the child to the home of his father's family. Relatives of the boy's mother are incensed that the paternal grandparents would attempt to obtain custody, saying that the woman had full custody of the boy until her untimely death. Family members say the paternal grandparents are adding insult to an already difficult situation.
A judge has decided that, for now, the boy will spend four days a week with his father's parents, and three days a week with his mother's parents. Neither couple has issued a statement to the media about the situation.
The boy's mother had split from his father long before she was killed in her home in St. James. The pair had never been married, and they had only dated for a short time, according to family members.
No formal custody arrangement had ever been established, and the boy had never spent the night in his paternal grandparents' or father's home. The boy's father occasionally picked up the boy up during the week when his mother was busy working a janitorial job at a local nursing home.
The woman's family says that their grandson had brought his mother comfort, saying that she thought he had made her life more meaningful.
Source: New York Post, "Long Island killer's parents in bid to take baby from slain mom's family," Brad Hamilton, April 29, 2012
]]>Awkward baseball games and other interactions seem to be a part of the divorce experience but child custody arrangements don't have to become contentious. Syracuse parents don't have to demand equal custody. However, they should identify and respect their child's needs, molding the custody agreement to fit their unique situation.
]]> Many children describe the divorce as a type of war, during which their parents battle for the kids' affection. Parents attempt to one-up each other during the split, sometimes bringing extra juice boxes or snacks to sports activities to seem like the "better parent." Actions that downplay the other parent's contributions to the child's life are best avoided, according to one expert, himself a child of divorce.Most children of divorce agonize over their parents' feelings, even if those emotions aren't readily obvious on the surface. Kids try not to offend their parents as the entire family navigates the turbulent waters of divorce but that's not always easy. Those efforts can in fact drive youngsters to tears, sometimes causing a great deal of emotional turmoil.
Parents shouldn't try to compete to see who can give or receive the most love or affection. Instead, the most admirable divorced parent sees how hard the children try to keep the family together, often worrying about frivolous things that have overblown significance in their young minds.
The best divorced parents don't get upset if the child spends time with the other partner, because they know that their children will still love them. They won't involve their children in arguments that are strictly adult matters. That level of maturity and security can help children weather a divorce far more effectively than those with parents who continually disparage each other.
Source: Huffington Post, "Confessions of a divorce kid: the awkward baseball game," Andy Campbell, April 24, 2012
]]>Anthony filed the divorce papers earlier this month, citing irreconcilable differences. The exact date that the two separated remains unknown as it was not included in the court filing.
]]> The couple, who had been married for about seven years, announced that they would be splitting up in June 2011.The former musical power couple has twin children. Anthony is seeking joint physical and legal custody. The split has reportedly been amicable, with both Lopez and Anthony appearing together on a reality TV series together. The pair has also maintained other joint business ventures.
Reports also state that Anthony is "seeking to deny Lopez spousal support."
The couple had issued a statement in 2011 asking for continued respect for their privacy during the difficult separation proceedings. They called the decision difficult, but they have come to a conclusion that satisfies both parties, they said.
In a high-profile marriage like this one, there is often high net worth to contend with between the pair. Courts try to ensure that the division of marital assets is fair. In this case, both spouses came into the marriage with ample assets, which was more than likely spelled out in any premarital agreement the duo signed prior to their wedding. However, any assets that came into the couple's marriage later will have to be split accordingly.
Source: Huffington Post, "Jennifer Lopez divorce: Marc Anthony files divorce docs," April 12, 2012
]]>The man's ex-wife is currently jailed because of the abduction. She faces charges of custodial interference. The woman was apprehended at New York's John F. Kennedy International Airport by customs agents when she returned to the U.S. earlier this year. She was transported to Watertown by U.S. marshals, according to officials. The woman remains jailed with a bail set at $50,000.
]]> The woman said she had returned to America to maintain her green card status. She must return each year to complete the paperwork, she said. The woman still holds the boy's passport, which prevents him from returning to the U.S., according to official reports.Since the woman made off with her son two years ago, the man has been relentlessly searching for his child, enlisting the help of the State Department and the National Center for Missing and Exploited Children. The legal proceedings associated with the custody battle have bankrupted the man. As a result, he was forced to sell his home and other valuable assets.
The couple had a custody agreement that allowed each of them alternating two-week visitation rights. In 2010, the man was unable to reach his ex-wife to arrange his customary visit and he discovered that she had left for the Ukraine. The woman said she went home to support her mother after the death of her stepfather.
Since then, the woman contends that her ex-husband made few efforts to contact his son, rarely calling and failing to send Christmas presents.
The contentious legal battle continues to rage on two continents. The man is hopeful that with the arrest of his ex-wife, his chances of seeing his son again will improve.
Source: Watertown Daily Times, "Watertown man has new hope to see his son, allegedly abducted to Ukraine 21 months ago," David C. Shampine & Reena Singh, April 10, 2012
]]>The man is accused of leaving the country when the child was 3 years old. At the time, he had joint custody of the child, who hailed from Salina. Officials had tracked the pair to an American airport in 2007, but they lost track of the girl and her father after they supposedly arrived in England.
]]> U.S. attorneys said that the child had been essentially neglected while in the care of her father. She had not visited a doctor or dentist during her time in Thailand and she reportedly only attended school for one week during the five years she was out of the country. The man's attorney argued that she had received medical care, though the frequency of this care was unknown.The man had entered Thailand using falsified Lithuanian passports. During a hearing on April 2, government lawyers argued that the man was a flight risk because he had access to such sophisticated documents. Those attorneys say that the man should be held in custody until the case goes to trial.
The girl was reunited with her mother, who had been attending school in Russia, in February of this year. The girl's mother had been living in Russia but she maintained a storage unit in New York with personal possessions. It is unclear whether the girl has any other family in the United States.
The girl's father had turned himself in on Feb. 24. He was arrested on international parental kidnapping charges and he was transported to New York, where he pled not guilty in the case. The man had been on the FBI's most wanted list.
The girl should be prepared to enter third grade this year. Instead, she can barely spell her own name.
Source: Syracuse.com, "New details of 8-year-old Salina girl found in Thailand, father to remain in custody," Emily Kulkus, April 2, 2012
Source: Syracuse.com, "Abducted Salina girl, 8, found safe in Thailand and returned home; dad faces charges," Douglass Dowty, March 14, 2012
]]>Although discussing prenuptial agreements is a decidedly unromantic topic, attorneys say the talk is necessary, considering the high percentage of all relationships that end in divorce or a breakup. Lawyers estimate that fewer than 20 percent of same-sex couples consult a lawyer before they formally establish a partnership.
]]> Partners who have signed prenuptial agreements surprisingly say that they feel more confident in the relationship. Financial concerns are often hashed out while the couple is drafting the document, which can lead to better communication and allow the pair to focus on the emotional components of their relationship. Both partners know that the other will not take advantage of them, which can boost a sense of security and happiness within the relationship.Pairs must discuss alimony, potential child custody, retirement accounts and other complicated, even sensitive, topics.
Also, the federal government does not recognize same-sex marriage, which can make distribution of benefits even more complex. This fact alone should prompt same-sex couples to consider their legal options before making a serious commitment.
Overall, those who report drafting a prenuptial agreement say that creating the document helped their relationship and made them feel more secure. By initiating the process, couples discussed difficult issues and learned more about each other. Prenuptial agreements aren't just planning for doom. They can make planning for a future together even more exciting.
Source: The New York Times, "If 'forever' doesn't work out: The same-sex prenup," Louise Rafkin, March 23, 2012
]]>According to the court's child custody ruling, the girl will take on Dell's last name. Also, the existing custody agreement will be modified, allowing Dell to visit his daughter more. The man had sought full custody of the child, but the courts created a compromise instead. Lakshmi and Dell had previously shared a very restrictive custody agreement that largely prohibited the man from seeing his child frequently.
]]> A bitter custody battle has raged ever since the girl's birth. Lakshmi claimed that she hoped the child was fathered by her beau at the time, a financial mogul in his 70s. Dell sued the TV star in Manhattan court in 2010 after the woman refused to officially name him as the child's father, despite DNA tests that proved otherwise. Dell's lawyers commended his tenacity, saying that they had rarely represented a man who was so passionate about being a good father.Dell accused Lakshmi in a 16-page complaint of having her boyfriend assume the role of father, even going so far as to teach the girl to call her partner "Papa." Lakshmi's lawyers refuted the claim, calling the statements incorrect and misleading.
The TV star's legal team reported that she intends to continue her push for custody of the child, though she prefers to keep the case out of the press. A statement said that Lakshmi was disappointed that Dell had decided to publicly air his grievances, rather than submitting sealed or confidential documents, as is customary in custody cases for young children.
Lakshmi's partner, Teddy Forstmann, was reportedly worth about $1.8 billion. The billionaire left behind a trust fund for the girl after he died in November 2011.
Source: New York Daily News, "Padma Lakshmi loses court battle with baby daddy," Joyce Chen, March 15, 2012
]]>New York adopted no-fault divorce in 2010, a move that removed the requirement for assigning blame during divorce proceedings. This decision came as part of a comprehensive divorce reform package that has recently come under fire because of its alimony stipulations. The new law requires the application of a strict formula for temporary alimony judgments, a statute that was designed to ensure that low-income New Yorkers who couldn't afford attorneys were treated fairly.
]]> Since the law's inception, however, arguments from academic and legal experts, along with the spouses themselves, show that the requirements can quickly turn the more affluent spouse into the poorer of the two, sometimes with dramatic results. One retired judge called the measures "draconian" because of the way they unfairly target the paying spouse. A multitude of legal organizations throughout the state are pushing state lawmakers to repeal the legislation.Supporters of the law acknowledge that the law does have some flaws, but they believe it is generally beneficial. For example, a woman was receiving only about $300 a month from her husband, despite earning $70,000 less per year than he did. The courts were able to use the new legislation to increase his payments to $2,000 per month.
Advocates also say that the law remedies judges' inconsistent application of existing alimony requirements. Judges had not been uniform in their alimony-related decision-making, and this new standard guarantees a more equitable process, according to the law's supporters. Those who helped create the law also back its strict application. They say that using the law like a loose guideline, which is what other experts have suggested, would limit the power and reach of the new measures.
The legislation is currently under review by the independent Law Revision Commission. A report is expected in April, leaving little time for lawmakers to make a change as the legislative session ends in June.
Source: Wall Street Journal, "Divorce Law's New Cut," Sophia Hollander, March 12, 2012
]]>In addition, data indicate that states that allow same-sex marriage have some of the country's lowest divorce rates.
]]> New York's 2010 divorce rate was 2.9 for every 1,000 people, just slightly higher than the state with the lowest divorce rate, according to Centers for Disease Control's National Vital Statistics System. New York legalized same-sex marriage in 2011.Iowa had the honor of being the state with the lowest divorce rate in 2010 with 2.4 out of every 1,000 people choosing to end their marriage. Like New York, Iowa allows same-sex marriage.
The first state to allow same-sex partners to marry, Massachusetts, legalized same-sex marriage in 2004. In 2010, the state's divorce rate was 2.5 for every 1,000 people -- the second lowest in the country.
The Williams Institute, which researches the lesbian and gay community, reports that most states do not track the divorce rate of same-sex partners. However, information from the states that do track such data shows that same-sex couples have a slightly lower rate of divorce than opposite-sex couples, the institute contends.
In one New England state, 0.3 percent of same-sex marriages end in divorce, according to the Williams Institute. The CDC puts the state's overall divorce rate slightly higher at 3.8 per 1,000 people.
Proponents of same-sex marriage say gay couples are often older and more mature than their heterosexual counterparts. Often they have been together for several years, but have not had the option to get married until now.
Even when same-sex couples do marry, they still face unique challenges. If they move to a state that does not recognize same-sex marriage, the couple may not have a clear avenue for ending their relationship.
Source: Medill Reports, "Divorce rates lower in states that allow same-sex marriage," Donesha Aldridge, March 1, 2012
]]>Judges are increasingly ruling against parents who smoke in child custody cases. The anti-tobacco advocacy group, Action on Smoking and Health, recently looked at whether parents who use cigarettes and tobacco are likely to prevail in a custody dispute. The results clearly show parents who smoke should think twice before lighting up around their children.
]]> In numerous cases, judges have ruled that parents cannot smoke when their child is around and definitely cannot smoke in a closed vehicle when their child is present. Some judges have even ruled that a parent cannot smoke in their home for 24 or 48 hours before their child arrives for a visit.In other cases, parents who smoked around their children have had their visitation reduced or even lost custody of their children. Judges are often willing to modify court orders regarding visitation and custody if one parent can prove the other is smoking in front of the child.
In the United States, judges in more than a third of the states have said whether or not parents smoke around their children should be taken into consideration when deciding custody. No court and no judge have ruled that a parent's tobacco use should not be a factor in a custody decision.
Judges are not just looking at whether parents smoke when making child custody decision. Many judges also consider whether other people close to the child use tobacco products. The smoking habits of grandparents, new significant others and friends are all fair game, especially if the child has asthma or other respiratory issues.
If you smoke, you can help your child custody case by only smoking outside and never smoking in a vehicle. While just quitting smoking may seem like a good idea, many judges question whether you will just begin using tobacco again once the judge decides custody.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012.
]]>The 30-year-old woman, formerly of Borough Park, Brooklyn, is the daughter of a Jewish rabbi of the Riminov line. Her marriage was arranged for her, and she exchanged vows with her husband at 18.
]]> The woman says the marriage was less than ideal from the start. After 12 years of physical and emotional abuse, she wants a divorce. She moved to Lakewood, New Jersey, with her children and is trying to find work as a model and actress.The attorney for her estranged husband says the woman should not have child custody because it is not in the children's best interests to raise them outside the faith. He contends the children will be confused if they are not raised in an Orthodox home.
The woman says she still has a traditional Orthodox home, but she wants to sever ties with the Hasidic community after it tried to force her to stay in an abusive marriage. She says her father, the rabbis and her husband's family all tried to keep her from seeking a divorce.
She says they also discouraged her from filing police reports about her husband's alleged abuse. The woman claims her husband has made derogatory comments about her to their daughter. She also alleges he destroyed a $4,000 wig, stole her glasses and threw out her sneakers.
According to records from the Lakewood Police Department, a judge ordered her husband to keep his distance from her after he sent her a threatening text. The text allegedly said she was "playing with fire" and it would be "too late" by the time she figured it out.
In April, a New Jersey Family Court judge will hear the couple's case.
Source: New York Post, "Woman endures 'unorthodox' custody battle after leaving strict community," Michael Gartland, Feb. 19, 2012
]]>The show, titled "Start Over Smart," will be March 31, 2012, at the Metropolitan Pavilion. It is the brainchild of a 42-year-old divorce and family mediator and her 70-year-old mother, who is a therapist.
]]> The daughter says the expo is about giving people who attend the show the tools they need to survive their divorce and be successful in the future.There are numerous bridal expos to help women plan their wedding, she says. But, when it comes to divorce, the resources are not available to help women and men figure out how to navigate the transition from being part a couple to being single.
Participants in the exposition include attorneys, therapists, plastic surgeons and wardrobe consultants from Macy's. All of them will be focused on helping the attendees figure out how to make the most of life as a single person.
"Start Over Smart" will also include courses on personal finances and other divorce issues. Well-known author and life coach Cheryl Richardson will be one of the featured speakers.
The daughter says she pulled from her own experiences with divorce when she began planning "Start Over Smart." Basically, she created a wish list of all the resources she would have like to have had when she got divorced and then worked to bring them together in one place.
According to statistics from the New York Health Department, New York City saw 23,698 divorces in 2009. Almost half of them -- 10,375 -- were in Manhattan. Brooklyn had 5,394 divorces, and Queens followed with 4,683. Staten Island had only 831 couples divorce in 2009 and 2,415 people called it quits in the Bronx.
Source: New York Metro, "Divorce expo for soon-to-be singles," Emily Ann Epstein, Feb. 13, 2012
]]>Mary Cashman, 42, is asking the court to grant joint custody of their two children, permanent alimony and a division of their joint property. She filed her divorce papers in Stamford, Connecticut, Superior Court.
]]> This is the second time Brian Cashman has been publicly accused of cheating on his wife. In 2009, news reports alleged Cashman had a romantic relationship with a Westchester soccer mom.According to news reports, Mary Cashman and their children have been living in the family's mansion in Darien, Connecticut. The home is rumored to be worth $3.7 million.
Less than a day before Mary Cashman filed for divorce, a Tribeca woman was charged in Manhattan Criminal Court with stalking Brian Cashman and extorting more than $6,000 from him.
The woman allegedly told several friends that she had an affair with Brian Cashman that lasted nearly a year. The woman claimed she ended the relationship after he refused to leave his wife.
In New York, there are two ways to dissolve a marriage, either a fault-based or no fault divorce. In a case where one of the spouses is involved in an extra-marital affair, that would fall under a fault-based divorce and the parties would not have to wait a year to file.
Source: Fox Sports, "Cashman's wife files for divorce," Feb. 6, 2012
]]>Actress Halle Berry and her ex-boyfriend Gabriel Aubry were back in court Jan. 30, 2012 for the latest round of their on-going child custody battle.
]]> Berry, 45, was expected to ask the Los Angeles Family Court judge to restrict Aubry's visitation with their 3-year-old daughter. The Los Angeles Police Department is investigating the model for child endangerment and criminal battery.Berry and the nanny allege Aubry, 34, pushed the nanny while she was holding the couple's young child. On Jan. 27, 2012, social workers for the Department of Children and Family Services met with Berry and Aubry, who have joint custody.
TMZ reports the social workers suggested that Aubry attend anger management classes. The website says he agreed to participate. The social workers are also reportedly recommended counseling for the little girl.
The nanny sought a restraining order against the Aubry. In the complaint, she says she is afraid of his "dangerous and aggressive" behavior. Saying there was not sufficient evidence to support her claims, a judge denied the restraining order.
Aubry also requested a restraining order against the nanny. He effectively asked the judge to fire the woman. Berry pays the woman, but she cares for the child at both of their homes.
According to the police report in the case, Aubry and the nanny argued after the nanny learned the little girl had not attended school. Aubry allegedly lost control of his temper when the nanny questioned him on why the child had not gone to school.
The nanny alleges he became aggressive, cursed at her and pushed her while she was holding the child. She says he told her she is just the nanny, and she should not question his actions.
Source: ABC News, "Halle Berry Back in Court Today," Luchina Fisher, Jan. 30, 2012
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